Terms of Service

Last Updated 28 Oct 2020

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Gigworks (as defined below).

  1. General

    These Terms apply to all Users of the Services, including without limitation Users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

    These Terms are between you and Gigworks Pte. Ltd or between you and any different service provider identified for a particular Service. For ease of reference, each of Gigworks Pte. Ltd. and its subsidiaries are referred to in these Terms as “Gigworks”.

    By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.

    Gigworks reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

  2. Key Terms

    Buyers are users who purchase services on Gigworks.
    Listing is where the Seller can describe their Service and the Service's terms, and the Buyer can purchase the Service and create an order.
    Service / Services are services offered on Gigworks.
    Gigworks Balance is the aggregated amount of your earning as a Seller and/or returned payments from cancelled orders as a Buyer.
    Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Service.
    Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller's Service Page.
    Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Gigworks platform, including with respect to collection of funds from Buyers in connection with the purchase of Services, remittance and withdrawal of funds to Sellers in connection with completed Services, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Gigworks Balances.
    Sellers are users who offer and perform services on Gigworks.
    Users refer to all who are using Gigworks.

  3. Use of the Services

    Subject to your compliance with these Terms, Gigworks grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

    You shall use the Services in accordance with these Terms and shall not:

    • Upload any Content (as defined below) that violates or infringes another party's rights of publicity, privacy, copyright, trademark or any other intellectual property rights.
    • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
    • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
    • Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
    • Use the Services in violation of or to circumvent any sanctions or embargo.
    • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Gigworks or its affiliates, partners, suppliers or licensors.
    • Use the Services for any purpose for which it is not designed or intended.
    • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Gigworks.
    • Use any proprietary information or interfaces of Gigworks or any other intellectual property of Gigworks in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
    • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person's privacy, or racially, ethnically or otherwise objectionable.
    • Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
    • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
    • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
    • Collect any information in respect of other Users without their consent.
    • Commit any act to avoid paying any applicable fees and/or charges.
    • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
    • Submit any proposals or solicit users/parties through Gigworks to contract, engage with or pay outside of Gigworks.
    • Authorise or encourage anyone to do any of the foregoing.
    • List irrelevant services in categories which do not represent your listing.

    Gigworks reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies. Gigworks may also look to the legal system to hold the Users liable for the consequences of the breach.

    If you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies, Gigworks reserves the right to take legal actions and pursue any other legal rights available to us in addition to our right to terminate your access to our platform, and/or terminate or suspend your account without further notice or warning at any time. Gigworks also reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities.

  4. Account

    You would need to have an account with Gigworks (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

    • If you are an individual, you are at least 18 years of age.
    • If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
    • You are capable of entering into and performing legally binding contracts under applicable law.
    • All information which you provide is accurate, up to date, truthful and complete.

    If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

    You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

    • Keep your password secure.
    • Keep your account information up to date at all times.

    Comply with Gigwork's Privacy Policy and Community Guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

    Unless expressly permitted by Gigworks and subject to these Terms and any other additional terms as Gigworks determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.

  5. Fees and Payment
    1. Buyers Payment Method

      Gigworks currently allows payment by PayPal and credit/debit card in every country it operates in.

      1. PayPal payment
      2. You can now make purchases using PayPal on Gigworks.

        Note: If you have not set up a default payment method previously, your PayPal account will be set as the default payment method when you enter it for the first time. This would allow you to check out faster without having to enter your credentials every time.

        You can remove or make changes to your default account for Paypal under Settings found under your profile page.

        To make purchase with PayPal account:

        1. Select PayPal as the payment option during the checkout process.
        2. Enter your credentials and login to your PayPal account.
        3. Once completed and payment is done, you will be directed to the ‘Order Completed’ page.

      3. Credit/debit card payment
      4. You can make purchases using any major credit/debit card on Gigworks.

        Note: Every card saved for the first time will be set as the default card for payment. This would allow you to check out faster without having to enter your credentials every time.

        You can remove or make changes to your default card for payment under Settings found under your profile page.

        To set card as default:

        1. Log in to the Gigworks app, click on 'Me', and then click Settings > Credit/Debit Card.
        2. Your default card will be shown at the top. If you wish to make changes to the default card, simply tap on Credit Card Selection (the 3 dots at the top right corner) of your selected card.
        3. Select 'Set as Default Card'.
        4. Your selected card will be shown at the top as the default card for payment for your next purchases.

        To remove your saved card details:

        1. Log in to the Gigworks app, click on 'Me', and then click Settings > Credit/Debit Card.
        2. Tap on Credit Card Selection (the 3 dots at the top right corner) of your selected card and select 'Remove Card'.
        3. Your selected card will be removed automatically.

      Gigworks takes no responsibility and assumes no liability for any loss arising from incorrect payment information entered by the User.

    2. Seller Payout Dates

      Gigworks uses a third party payment gateway - Stripe Payments Pte. Ltd - to store each seller’s monthly income before depositing it into their respective bank accounts at the first working day of each month.

      You can now choose to receive your payout via bank transfer or PayPal by entering your payout information under Settings found under your profile page.

      1. Payout using Bank Account
      2. To set up your bank account for payout:

        1. Log in to the Gigworks app, click on ‘Me’, and then click Settings > Payout Information.
        2. Select +Add Bank Account and enter your bank account information.
        3. Your bank account will be saved as the default payout method.

      3. Payout using PayPal
      4. To set PayPal as your default payout method:

        1. Log in to the Gigworks app, click on ‘Me’, and then click Settings > Payout Information.
        2. Select +Add PayPal Account and enter your PayPal account information.
        3. Your PayPal account will be saved as the default payout method.

        To make changes to your PayPal account:

        1. Log in to the Gigworks app, click on ‘Me’, and then click Settings > Payout Information.
        2. Your default PayPal account will be shown. If you wish to make changes, just tap on to your current account and press delete.
        3. Fill in your new PayPal account details and set it as the default payout method.

        To remove saved PayPal account details:

        1. Log in to Gigworks app, Click on ‘Me’, and then click Settings > Payout Information.
        2. Tap on your current PayPal account information and press delete.
        3. Your PayPal account will be removed automatically.

    3. Service Fees
      1. Service Fees for Buyers

        For every successful transaction on Gigworks, buyers will be charged a one-time fee of 3.4% + S$0.50. This fee is collected by Stripe to process your order payment.

      2. Transaction Fees for Sellers

        For every successful transaction on Gigworks, sellers will be charged a transaction fee. This allows Gigworks to continue enhancing features, better support Sellers in acquiring more Buyers with the marketing investment and bring Gigworks more in line with the competitors.

        The monthly transaction fees that each seller is charged varies between individuals as it is dependent on the total earnings of the Seller for that particular month.

        Total Monthly Income Transaction Fee
        < USD 300 12%
        USD 300 - USD 900 8%
        >= USD 1,000 5%

        The total income renews every month and can be monitored under 'My Earnings' in the Gigworks app.

        E.g. Seller A earns USD 200, USD 800 and USD 1200 from January to March respectively.

        Month Earnings Transaction Fee Net Income
        January USD 200 USD 200 x 12% = USD 24 USD 176
        February USD 800 USD 800 x 8% = USD 64 USD 736
        March USD 1,200 USD 1,200 x 5% = USD 60 USD 1,140
  6. Gigworks is a Platform

    The Services provide a platform for Buyers and Sellers to interact with each other, and to buy and sell services. Gigworks does not pre-screen a User or the Content provided by Users, nor is Gigworks directly involved in transactions between Users. Consequently, Gigworks has no control over, and you agree that Gigworks is not responsible or liable for, any of the following:

    • The quality, safety, morality or legality of any aspect of the services listed.
    • The truth or accuracy of the service listings, the ability of Sellers to sell services or the ability of Buyers to pay for services.
    • The true identity, age, nationality, or sense of humour of a user.
    • Any Content posted by Users.

    While Gigworks endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other Users is entirely at your own risk.

  7. Content

    The Services allow Users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).

    You retain ownership rights in the Content which you upload or share on the Services but you grant Gigworks a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Gigworks' Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

    You understand and agree that you are solely responsible for the Content that you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.

    You acknowledge that Gigworks does not pre-screen Content uploaded by Users. Gigworks shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Gigworks shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

    • If the Content is in breach of these Terms.
    • If Gigworks has received a complaint or notice of infringement in respect of the Content.
    • If the Content is otherwise objectionable.

    Gigworks may also block Content and the delivery of communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or Users, or to otherwise enforce these Terms.

  8. Selling and Buying on Gigworks
    1. Listings

      In using the Services to create a listing and offer a service for sale (as the case may be), you agree to comply with the following:

      • All items must comply with these Terms and Gigworks' Community Guidelines.
      • You must provide a fair, accurate and complete description of each service, including your price for the service.
      • Each offer of services must have its own listing.
      • All offers made and accepted through the Services are binding.
      • Sellers must deliver completed files and/or proof of work by selecting the 'Confirm Completion' (button located in the Order page) according to the service that was purchased and advertised on their listing.
      • Using the 'Confirm Completion' button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Confirm Completion” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller's rating, Service Completion Rate and result in a warning to Seller.
      • An order is marked as Completed after it is marked as Pending Buyer Confirmation and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Pending Buyer Confirmation.
      • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, Users can contact Gigworks' Customer Support for assistance at customer.experience@gigworks.co.

      If you are a user in Malaysia, the following will apply to you:

      Any person who operates a business for the purpose of supply of goods or services via our Platforms is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose, to the best of their knowledge and belief, the following information:

      1. The name of the person who operates a business for the purpose of supply of goods or services through our Platforms, or the name of the business, or the name of the company.
      2. The registration number of the business or company, if applicable.
      3. The e-mail address and telephone number, or address of the person who operates a business for the purpose of supply of goods or services through Gigworks.
      4. A description of the main characteristics of the goods or services.
      5. The full price of the goods or services including transportation costs, taxes and any other costs.
      6. The method of payment.
      7. The terms and conditions.
      8. The estimated time of delivery of the goods or services to the buyer.

      Please note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which Gigworks shall not be liable.

    2. Orders

      • When a Buyer orders a Service, the Seller is notified by notifications on the platform while logged into the account.
      • The whole process of engagement between sellers and buyers should be performed on Gigworks. Users who engage and communicate off of Gigworks will not be protected by our Terms of Services.
      • Sellers are required to meet the delivery time they specified when creating their listings. Failing to do so will allow the Buyer to cancel the order and may harm the Seller's ratings.
      • Sellers must send completed files and/or proof of work using the “Confirm Completion” button (located on the Order page) to mark the order as Pending Buyer Confirmation.
      • Users are responsible for scanning all transferred files for viruses and malware. Gigworks will not be held responsible for any damages which might occur due to platform usage, use of content or files transferred.
      • Buyers may go to the Resolution Centre while an order is marked as In-Progress or Pending Buyer Confirmation if the delivered materials do not match the Seller's description on their Service listing or they do not match the requirements sent to the Seller at the beginning of the order process.

    3. Reviews

      • Feedback reviews provided by Buyers while completing an order are an essential part of Gigworks' rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
      • Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
      • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Gigworks platform from Users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Gigworks platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
      • Feedback comments given by Buyers are publicly displayed on a Seller's profile page as well as on the service listing.
      • Withholding the delivery of services, files, or information required to complete the transaction service with the intent to gain favourable reviews or additional services is prohibited.
      • Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
      • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

    4. Cancellation, Return and Refund

      • Buyer may only cancel his/her order prior to the acceptance of the order by the Seller or within 72 hours of the order if the Seller has not accepted.
      • Gigworks does not monitor the cancellation, return and refund process for offline payment.

  9. Disputes

    In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Gigworks shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

    Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Gigworks or its Affiliates (except where Gigworks or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

  10. Feedback

    Gigworks welcomes information and feedback from our Users which will enable Gigworks to improve the quality of service provided. Please refer to our feedback procedure below for further information:

    1. Feedback may be made in writing through email which can be found in Me>Settings>Help Centre or using the feedback section found in Me > Settings > Enjoying Gigworks? Leave Feedback!
    2. Anonymous feedback will not be accepted.
    3. Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
    4. Vague and defamatory feedback will not be entertained.
  11. Privacy

    Your privacy is very important to us at Gigworks and we have provided the Gigworks Privacy Policy to explain our privacy practices. Please review the Privacy Policy to understand how Gigworks collects, uses and discloses information collected and received from you.

  12. Intellectual Property

    You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Gigworks. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Gigworks. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Gigworks.

    The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

    You are not authorised by Gigworks to use Gigworks' content, trademarks and/or any other intellectual property in any advertising, publicity or in any other commercial manner without the prior written consent of Gigworks, which may be withheld for any or no reason. Gigworks reserves the right to take legal actions and pursue any legal rights available to us if you are found to violate or infringe any of our intellectual property rights.

  13. Reporting Unauthorised Content

    Gigworks respects the intellectual property rights of others and we expect the same of our Users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please report to us at compliance@gigworks.co.

    Gigworks reserves the right to suspend or terminate your account and/or your access to the Services if there are repeated complaints against you of intellectual property infringement.

  14. Suspension and Termination

    Gigworks reserves the right to, at its sole discretion, and without liability:

    • Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
    • Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
    • Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
    • You acknowledge and agree that if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
    • Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

  15. Warranty

    You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

    Gigworks does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Gigworks' servers are free of viruses or other harmful components.

    All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

    The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Gigworks is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

    No advice or information, whether oral or written, obtained by you from Gigworks or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Gigworks has no obligation to support or maintain the Services.

    Gigworks disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by Users or the third party content and services. Gigworks is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

    In addition, the Services may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Gigworks does not accept any responsibility in connection with your participation in activities conducted by any other party.

  16. Limitation of Liability

    YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

    IN NO EVENT SHALL GIGWORKS OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT GIGWORKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GIGWORKS' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY GIGWORKS IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  17. Indemnity

    You will indemnify and hold harmless Gigworks, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

  18. Compatibility

    Gigworks does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Gigworks and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

  19. Sub-contracting by Gigworks

    Gigworks reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Gigworks deems appropriate.

  20. Miscellaneous

    You and Gigworks are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

    If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

    Except as provided herein, any failure by Gigworks to exercise a right or require performance of an obligation in these Terms shall not affect Gigworks' ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

    You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

    These Terms constitute the entire agreement between you and Gigworks and supersedes all prior or contemporaneous understandings and/or agreements between you and Gigworks.

  21. Governing Law and Jurisdiction

    You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.